The sudden loss of a loved one is a sad and traumatic experience that we all pray and never hope to go through. The pain of losing a loved can be further exacerbated if the death was avoidable. Have you recently lost a close family member in dubious circumstances? Was the death caused by the reckless actions or negligent inactions of another individual? Could the death of your loved one have been avoided had the other individual acted differently?
If you answered yes to all the questions above, under New York State Laws, you can slap the individual responsible for causing the death of your loved one with a wrongful death claim.
Though lodging a wrongful death claim will not bring your loved one back and neither will it diminish your suffering, it will give you closure in the form of justice for the deceased as well as all the dependents they left behind. Further, a wrongful death claim is also a great way to pursue monetary compensation to help you cater for funeral expenses and financial relief to help furnish the dependents left by the deceased with a comfortable lifestyle moving forward.
Here at Cellino Law, we share in your pain and sympathize with your loss. To show you that we truly care, our Smithtown wrongful death lawyers will employ their extensive training and all legal tools at our disposal to get you justice and the maximum compensation allowed under New York law from the individual guilty of taking the life of your loved one too soon.
Trust us when we tell you that you will not walk through this trying period alone. Let us help you and your fellow family members justice by allowing us to handle your Smithtown wrongful death claim. All you need to do is call our personal injury lawyers at (888) 888-8888 and we will immediately get the wheels of justice rolling.
What Is The Definition Of a Wrongful Death In New York?
The State of New York recognizes a wrongful death as a death that is caused by the reckless actions or inactions of another individual. Simply put, if death could have been avoided were it not for breach of duty of due care by another individual, it is said to be a wrongful death. However, to file a successful wrongful death claim in the state, you must be able to prove the aspects listed below.
- That the death in question occurred because of the reckless actions of another individual
- That had the deceased not died, they would have pursued legal action against the at-fault party for their negligent actions
- That the deceased left behind surviving family members who stand to suffer as a result of the death of the deceased
- That on initiating a wrongful death claim, the dependents of the deceased’s estate can be awarded damages to compensate for the losses they suffered
It is however worth noting that under New York laws, you cannot file a wrongful death claim if the deceased was not yet born. This means that you cannot file a claim for an unborn fetus no matter the circumstances surrounding the death.
Who Can File a Wrongful Death Claim In New York?
To file a wrongful death claim in New York, you must be a personal representative of the deceased’s estate. This means that the responsibility for lodging a wrongful death claim in New York usually falls in the order listed below.
- The person named in the deceased’s will as the heir to their estate
- If the deceased died without leaving a will behind, the spouse can file a claim
- If there is no spouse, the children of the deceased can file a claim
- If there is no spouse and children, the parents of the deceased can file a claim
Note that if the deceased did not have a spouse but they left behind children who are minors, then the legal guardians of the children can pursue a wrongful death claim on behalf of the minors. Should the courts award any compensation in such a case, the guardians should hold the compensation in trust until the children come of age.
What Types Of Damages Can I Recover On Filing a Wrongful Death Claim In Smithtown?
The damages that you can be awarded on filing a Smithtown wrongful death claim vary. They include:
Economic Damages
These damages are usually awarded to cater for the tangible monetary losses that arise from the death of your loved one. They typically include the following:
- Burial expenses
- Medical expenses incurred by the deceased before death
- Any future loss of earnings
- Potential loss of inheritance to dependents
- Loss of parental care
Punitive Damages
This refers to compensation awarded to the survivors of the dependent against the at-fault party with a view of deterring the at-fault from repeating similar negligent actions in the future. The court usually decides the amount of punitive damages depending on the severity of the negligence by the party being sued for wrongful death.
Note that though you cannot be awarded damages for pain and suffering as a result of the death of a loved one in New York, you can be awarded compensation for the pain and anguish you suffer in the moments leading up to the death of a loved one.
As you can see, gauging the total compensation due to you in a Smithtown wrongful death lawsuit can be a daunting task. To get the maximum level of compensation possible, it is best that you entrust your case to highly experienced New York wrongful death lawyers like our team at Cellino Law.
Based on our experience and our intricate knowledge of the New York justice system, we will ensure that you are awarded all the damages that you are allowed under the law.
How Do I Prove Negligence In a Smithtown Wrongful Death Claim Case?
To get justice and compensation on filing a wrongful death claim case in Smithtown, NY, you must prove the following…
- That the party you are suing had a duty of care towards the deceased in the circumstances leading up to the wrongful death
- That the party you are suing breached their duty of care towards the deceased. This means that they acted or failed to act in the way they were expected to while another individual in the same situation would have upheld the duty of care towards the deceased
- That your loved one died as a direct result of the reckless actions or inactions of the party you are suing
- That your loved one did not die of any other causes rather their untimely departure was only as a result of the actions or inactions of the party you are suing
Proving the aspects of negligence listed above can be hard given that you are grieving and you do not have any legal experience. However, Cellino Law is here for you. We have extensive experience in proving negligence in wrongful death cases and we will do whatever it takes to provide you with some comfort by helping you prove negligence against the party responsible for your anguish and suffering.
How Do I Start a Wrongful Death Claim In New York?
To get started with your wrongful death claim in NY, simply call our highly proficient and seasoned Cellino Law wrongful death attorneys through (888) 888-8888.
On contacting us, our lawyers will first review the unique facts surrounding your case and then immediately get started with crafting and lodging a wrongful death claim with the appropriate courts.
As you take time to grieve, our attorneys will seek out experts who will bolster your case and then use our extensive expertise in wrongful death cases to get your case heard and settled as soon as possible.
What Is The Difference Between a Wrongful Death Claim and an Estate Claim?
A wrongful death claim is a case filed in court by the survivors of a deceased individual to seek justice and compensation if the deceased died an avoidable death because of the negligent actions of another party.
On the other hand, an estate claim is a case filed in court against the estate of a dead person if at the moment of death they were in debt. An estate claim is typically filed by creditors of the deceased.
Contact Cellino Law To Get Justice In Case Of a Smithtown Wrongful Death
The wrongful and sudden death of a loved one can turn your world upside down especially if they were the sole breadwinner in the family.
At Cellino Law, we know that nothing can diminish the pain you feel because of your loss. However, we can promise you one thing: We can get you justice and compensation from the party responsible for the wrongful death of your loved one.
Over the years, we have helped survivors of wrongful death victims get high amounts of compensation and justice from the parties responsible for causing them grief and it would be our honor to help you get this difficult period.
To get started with your Smithtown wrongful death claim, reach out to our team of highly acclaimed wrongful death lawyers on (888) 888-8888.